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As discussed in Managing IP's March edition, it was becoming increasingly unclear whether method of diagnosis claims were allowable in New Zealand. However, Biosite Incorporated, a recently released decision of the Commissioner of Patents [P31/2007], may assist in clarifying practice in New Zealand.

Malaysia acceded to the Patent Cooperation Treaty (PCT) on August 16 2006. Thereafter, all PCT patent applications filed on or after that date automatically designated Malaysia. In order to enter the national phase in Malaysia, the time limits under PCT Chapters I and II are before the expiration of 30 months from the priority date under Section 780 of Malaysian Patents Act 1983. However, some of these PCT applications have often missed the 30 months deadline to file a request to enter national phase in Malaysia due to the applicant's failure to file the said request on time.

In recent months, the Mexican Patent Office (IMPI) has changed its practice regarding the time limit to file divisional applications. In cases where divisional applications are filed as a result of a requirement regarding lack of unity of the invention, they must be filed simultaneously with the response to said requirement, rather than at a later date, as was traditionally acceptable.

Governments should consider setting up bodies to reduce the barriers for SMEs entering the patenting process and improve the quality of applications, argues Rafaël Kiebooms

Anand and Anand, New Delhi

Liu Shen & Associates, Beijing

Peter Ollier, Hong Kong

In a recent decision, the German Federal Court of Justice (BGH) ruled that a patent claiming a technical effect that is not indicated in the priority application may still validly claim priority if the obtaining of the effect seems self-evident to a person skilled in the art when reworking the disclosed invention (BGH X ZR 107/04).

The Chilean Association of Intellectual Property, the Chilean group of AIPPI, known by the abbreviated name ACHIPI, celebrates its 40th anniversary this year. For this purpose, the group organised the first international IP Work Sessions, entitled "Intellectual Property, a development tool", which recently took place in Santiago, on September 1 2008.

In a preliminary injunction proceeding between Hilti AG and Milwaukee Corp, Hilti alleged that its Austrian mark for the colour red (RAL 3020) for "cases for hammer drills" and its three-dimensional Community trade mark for a red case for the same goods were infringed. The colour mark and the three-dimensional mark were registered following the filing of proof that the interested circles recognised the marks as an indication of origin (secondary meaning). Milwaukee sells sets of tools, including hammer drills, in red cases.